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INTERNATIONAL BUREAU OF AMERICAN REPUBLICS 

JOHN BARRETT. DIRECTOR 
FRANCISCO J. YANES. SECRETARY 



MUNICIPAL ORGANIZATIONS IN LATIN AMERICA 



HAVANA, CUBA 



(Reprint of an article from the Monthly Bulletin of the International 
Bureau of American Republics, April, 1 909) 




WASHINGTON, D. C. 

GOVERNMENT PRINTING OFFICE 

1909 



INTERNATIONAL BUREAU OF AMERICAN REPUBLICS 

JOHN BARRETT, DIRECTOR 
FRANCISCO J. YANES. SECRETARY 



MUNICIPAL ORGANIZATIONS IN LATIN AMERICA 



HAVANA, CUBA 



(Reprint of an article from the Monthly Bulletin of the International 
Bureau of American Republics, April, 1 909) 




WASHINGTON, D. C. 

GOVERNMENT PRINTING OFFICE 

1909 



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HAYANA. 

HAVANA, the "Key of the New World'' (ifowe tfe? iVweyo 
31 undo), as reads the legend on its coat of arms, was 
founded on its present site by Diego Velasquez in 1519. 
Better than any other of the Latin-American cities is it- 
known to foreigners. Thousands, not only citizens of the United 
States but Europeans, who know but little, if anything, of the capi- 
tals of the larger Republics of Brazil, Argentina, or Mexico, are 
familiar with this capital city of the Pearl of the Antilles. 

They know the beauty of its situation, the quaintness and charm 
of its architecture, and the geniality of its welcome. As one ap- 
proaches from the sea, where the deep blue of the Gulf changes to 
the pale green of the inshore waters, the city comes into view, lying 
like a great carpet of rich oriental colors fringed around by the mot- 
tled dark green of the hills behind, fading away to right and left 
into a lighter green and then into a blue. 

The entrance to the harbor is a narrow cut of less than 400 yards 
in an almost straight shore line. The city, with its yellow and white 
houses with red-tiled roofs, lies to the right of the entrance. On the 
left and jutting out a little into the Gulf is the picturesque light-house 
and fortifications of the Moro. On the right, at the city's extreme 
point, is the fort of La Punta. The harbor within the entrance is a 
roughly shaped quadrangle over 2 miles wide. On the harbor front 
is La Fuerza, the old stronghold of the city. 

The architecture of Havana is heavy and massive. Even to one 
accustomed to the Spanish-American type the houses of Havana 
seem remarkably solid and heavy. The building material is a pecul- 
iar loose-textured seashell conglomerate of a glaring white color 
called cantera. It is similar to the coquina of St. Augustine, in 
Florida, but heavier and more compact. It is hewn out with axes 
and sawed into great blocks. After exposure to the air it becomes 
harder. The walls in Havana are nearly always plastered or stuc- 
coed, variously colored. The colors are yellow, white, light gray, 
614 



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616 INTERNATIONAL BUREAU OF THE AMERICAN REPUBLICS. 

grayish blue, and deep red. The surfaces are frequently very ornate 
with frescoing, moldings, and imitated jointings. In the older parts 
of the city are the projecting Moorish gratings covering the windows. 

The President's palace, formerly the home of the governor-gen- 
eral, is one of the finest buildings in the city. It was built in 1834 
and occupies an entire block on the Plaza de Armas and near the har- 
bor front. The palace contains the mayor's office and the hall of the 
city council and other offices of the city government, as well as the 
residence apartments of the President. 

The cathedral, a block away from the palace, is one of the show 
buildings of Havana. It was built in 1704 and occupies the site of an 
older church. Other of the more important churches are San Au- 




tre NEW PRODUCE EXCHANGE BUILDING IN THE CITY OF HAVANA— IT COST 
$600,000 GOLD AND WAS OPENED IN MARCH, 1909. 

gustin, built in 1608, and now the oldest church in the city. Santa 
Catalina, built in 1698, and Santo Domingo, formerly a monastery 
of the dominican fathers. La Merced, the largest, wealthiest, and 
most aristocratic church, was built in 1746 and rebuilt in 1792. Its 
interior is richly decorated. El Templete, the memorial chapel, built 
on the spot, under a ceiba tree, where the first mass was said by the 
priests accompanying Diego de Valasquez in 1519, was dedicated in 
1828. 

The most interesting points in Havana are the parks and paseos. 
The three principal parks are: Columbus Park, now an attractive 
pleasure place, with fountains playing among tropical plants and 
flowers; La India Park, containing the famous statue of the Indian 



618 INTERNATIONAL, BUREAU OF THE AMERICAN REPUBLICS. 

woman after which the park is named, and Central Park, surrounded 
by clubs and hotels, the place of concerts and the center of Havana's 
social life. 

The first comprehensive municipal law in Cuba was the royal 
decree of July 27, 1859. 

Municipalities under the operation of this law were governed by 
a board of aldermen, presided over by a president who, in Havana, 
was generally the civil governor of the province. Theoretically the 
board was autocratic in character, but the real power rested with 
the president. The board, elected by popular suffrage of all quali- 




(Miller photo.) 

RED OR THRONE ROOM OF THE PALACE, HAVANA. 

This ia one of the three rooms which comprise the State reception rooms, and Sefiora Gomez, the 
President's wife, utilizes it in receiving her guests. Among the crimson upholstered chairs 
in the room is one which is surmounted by a gilt crown. It was formerly the throne chair, 
and stood on a dais in this room. Back of the throne room is the Palace chapel. 

fled voters, was, in effect, a council of advisers to the president, regis- 
tering as ordinances such laws as he, acting under the Governor- 
General of Cuba, thought proper to enact, Differing with the theory 
in vogue in the United States, that legislative and executive functions 
ought to be exercised by different instrumentalities, in Cuba these 
functions were joined in the same body. The board, and that was 
to say its president, Avas both legislature and executive of the city. 

Subsequent modifications of the law, until recently, did not change 
this essential feature thereof. 




INTERIOR OF THE COLUMBUS CATHEDRAL, HAVANA. 



The Cathedral has long been popularly known as the Columbus Cathedral, but the name is 
"Cathedral of the Virgin Mary of the Immaculate Conception," and it was erected on the 
site of another church by the Jesuits in 1704. The interior walls are finished in dark 
marbles, the columns of highly polished mahogany, with gilt-bronze capitals, the choir 
stalls of mahogany, beautifully caryed. The high altar is of Carrara marble. The walls 
and ceiling contain many beautiful paintings, and the Cathedral is said to contain a small 
painting by Murillo, representing the Pope and the Cardinals celebrating mass prepara- 
tory to the sailing of Columbus. 



620 INTERNATIONAL BUREAU OF THE AMERICAN REPUBLICS. 

By the royal decree of November 25, 1863, the superior civil gov- 
ernment of Havana was created. In effect the decree was. an amplifi- 
cation of the law of 1859. The decree of January 30, 1866, changed 
certain functions of the board and regulated the position of the civil 
governor in his double capacity of governor of the province and 
president of the board. 

The Constitution of Spain, dated July 2, 1876, was not fully pro- 
claimed in Cuba until April 7, 1881, but the organic municipal law 
of Spain was extended to the island by royal decree of October 2, 1877* 
Some ' modifications in the Spanish law were made as applicable 
especially to Cuba. These modifications referred to the number of 




(Miller photo.) 



LETTER CARRIERS IN HAVANA. 



The mail service in Cuba is conducted by the Department of Communications, which also has 
under its supervision the telegraph system of the Government. There is free delivery of mail 
in the larger cities. The Department also conducts a parcels-post system for the carrying of 
small packages through the mails. 

aldermen of each board and to the powers of the Governor-General 
in appointing mayors. Under it each mayor was appointed by the 
Governor-General from three nominees presented by the board; 
although the Governor-General might, if he saw fit, disregard the 
list furnished by the board. Assistant mayors were appointed in the 
same manner, except that the appointee must be a member of the 
board. 

The reform law of March 15, 1895, proclaimed on the 23d of that 
month, was a more or less substantial gain for the democratic idea, 
although the essential structure of Spanish municipal organization 
and government was not changed thereby. By virtue of this law 



622 INTERNATIONAL. BUREAU OF THE AMERICAN REPUBLICS. 

each board of aldermen elected one of its members as mayor. The 
Governor-General might, after a hearing, remove the mayor and make 
a new appointment, but the new mayor could be chosen only from 
among the members of the board. In addition to their functions 
as executive officers of the boards the mayors were representatives 
and delegates of the Governor-General. 

The Governor-General had always possessed the power to stay any 
ordinance of the board, in effect to veto it. By the terms of the 
reform law this power was limited. If there were charges of cor- 
ruption in the passage of the ordinance, the Governor-General laid 
the matter before the criminal court. If, however, the contention 
was that the board had exceeded its powers or had infringed the 
organic law, the matter was for the consideration of the provincial 
governor and assembly. In the latter case, provincial governors might 
themselves take the initiative for the stay of an ordinance claimed to 
be ultra vires. 

In matters of revenue and taxation an appeal lay from the action 
of the municipal board to the provincial assembly, and a final appeal 
for the assembly to the council of administration presided over by the 
Governor-General. This council consisted of 30 members, one half of 
whom were elected. 

Throughout the whole period of Cuba's colonial history the real 
government of the municipalities of the island, not only on the ad- 
ministrative side but also on the deliberative or legislative side, was 
in the hands of the Governor-General of Cuba, acting through 
agencies directly responsible to him and dependent on him. 

The present constitution of the Republic of Cuba of February 21, 
1901, fundamentally changes the underlying theory of municipal 
government in the island and approaches somewhat the practice in 
the United States. In particular, legislative and executive functions 
are separated. The former are exercised by municipal councils 
elected by direct vote of all qualified voters, and the latter by mayors, 
or as they are called in Spanish-speaking countries alcaldes, elected 
in the same manner as the councils. By the provisions of the con- 
stitution (articles 103 to 113) the municipal council has legislative 
control of all matters relating exclusively to the municipal district. 
It prepares budgets of expenses and provides the revenues to meet 
the same. It contracts loans and votes the necessary revenues. It 
appoints and removes municipal employees. The alcalde has the 
right of veto as to the resolutions of the council, but the resolution, 
after deliberation thereon, may be passed over the alcalde's veto and 
become effective by a two-thirds vote of the council. 

Resolutions of municipal councils may be suspended by the alcalde, 
the provincial governor, or the President of the Republic whenever, 



624 INTERNATIONAL BUREAU OF THE AMERICAN REPUBLICS. 

in their judgment, these are contrary to the constitution, treaties, or 
the general law. The right to take cognizance and pass upon claims 
arising out of such suspensions is reserved to the courts. 

Alcaldes have general administrative powers and appoint and 
. remove the employees of their own office. 

The present organic municipal law, enacted in pursuance of the 
constitution was decreed on May 19, 1908, to go into effect upon the 
taking of office by the alcaldes and councilmen elected under the 
electoral law of April 1, 1908. The law is the work of a special 
commission appointed to draft the same, composed of Messrs. E. H. 
Crowder, Rafael Montoro, Felipe G. Sarrain, Juan Gualberto 
Gomez, Blanton Winship, Miguel F. Viondi, F. Carrera Justiz, 
M. M. Coronado, Mario G. Kohly, Otto Schoenrich, Erasmo 
Regueiferos, and Alfredo Zayas. 

This commission was appointed on December 24, 1906, and its 
report embodying the first draft of the law was published on Janu- 
ary 27, 1908, and distributed to all officials, political parties, news- 
papers, and private persons requesting the same, inviting them with- 
in thirty days to submit any criticisms and objections to the draft 
that they might deem proper. These criticisms and objections were 
considered by the commission and a final draft of the law was sub- 
mitted on May 8, 1908. This draft was in the form as finally de- 
creed eleven days later and first published in the Gaceta Oficial for 
May 29. 

The new law is most comprehensive. It recognizes fully the con- 
stitutional division of legislative and executive powers, and also the 
dual capacity of municipal government, acting locally, and as 
auxiliary to the central power of the state; but it does not confuse 
these last two functions as was the case under the old colonial laws. 

Municipalities are divided into three classes : First, those having 
a population of over 100,000 inhabitants; second, those having from 
20,000 to 100,000 ; third, those having 20,000 or less. 

Havana, of course, is a city of the first class. Its municipal council 
consists of 27 members elected for four years, one-half alternately 
each two years. Councilmen serve without pay and can not be re- 
moved except after final judgment of a court of competent jurisdic- 
tion convicting them of some offense which by the law is a disquali- 
fication to holding public office. The officers of the council, a presi- 
dent, vice-president, and two secretaries, are chosen every two years 
following the municipal elections. Permanent and special com- 
mittees are chosen from among the councilmen, and to any of these 
committees, except' the finance committee and the tax committee^ are 
added by vote of the council an equal number of private citizens, 
one-half of whom may be foreigners, as associate members having 



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628 INTEKNATIONAL BUEEAU OF THE AMEKICAN EEPUBLICS. 

the same right to vote on committee matters as have the council 
members. 

Mayors or alcaldes are elected for four years and are paid a salary. 
In the absence or disability of the mayor the president of the council 
acts in his stead. The mayor is the head of the civil administration 
of the city and is assisted in minor affairs by ward or barrio mayors 
elected by the municipal council. These barrio mayors are exceed- 
ingly important officials and perforin functions elsewhere exercised 
by numerous bureaus and officials. In Havana they are the direct 
medium of communication between the inhabitants of their respec- 
tive barrios and the higher authorities. They keep a register of 
licenses, enforce orders and regulations, and rej3ort violations of the 
same. They are charged with the care of streets and highways and 
of the poor. They issue permits for burial of paupers and tickets 
for medical attendance to the needy. They overlook all public serv- 
ices, reporting interruptions and accidents and also the enforcement 
of the truant laws for children of school age. On occasions they may 
even act as collectors of taxes. 

An important provision of the new law is that limiting the pro- 
portion of expenditures for municipal government which may be 
allotted as salaries to the personnel of the administration. This lim- 
itation runs from 50 per cent in small towns, having a budget not 
exceeding $10,000, down to 10 per cent where the budget is from 
$500,000 to $1,000,000, and 9 per cent where it is over $1,000,000. 

In no case can expenditures exceed revenues. 

Loans can not be contracted except for public works or public 
services upon special resolution of the municipal council and ap- 
proved by a popular vote of two-thirds of the voters. 





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